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(영문) 창원지방법원 2018.06.22 2017나2735 (1)
묘지이장비 반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Basic facts

A. On August 207, the Plaintiff and the Plaintiff’s husband D (hereinafter “Plaintiff”) agreed with the Defendants to purchase the land E (hereinafter “E land before division”) and five lots adjacent to the said land (including the E land before division; hereinafter “each of the instant land”) and jointly construct the site, and jointly purchase the land and construct the site on each of the following land owned by the Defendants.

B. The above A.

Under the agreement of subsection (1), the Plaintiff purchased F, G, and H land before subdivision. The Defendants purchased J, F, and G land (hereinafter “Plaintiff-owned land”) before subdivision, and completed each registration of ownership transfer with respect to the land owned by the Defendants under the name of the Plaintiff, E, I, and H (hereinafter “Defendant”) before subdivision, with respect to the land owned by the Plaintiff for convenience in the creation of the site.

C. On November 2007, the Plaintiff’s side and the Defendants delegated D the authority to manage and supervise civil engineering works, such as the suspension of each of the instant lands, etc., and when the Defendants’ share of construction costs were incurred, the Defendants made a verbal agreement to pay the share immediately to the Plaintiff or the construction business operator (hereinafter “instant agreement”).

Around November 2010, E was divided into K site, L site, M forest, N forest, N forest, and O forest. Of them, M, N, and O land (hereinafter “instant access road”) was installed on the access road (hereinafter “the access road”).

E. D With respect to the Defendants on September 26, 2012, the following 2-A:

In accordance with the agreement as seen in paragraph (1), the Changwon District Court: (a) filed a lawsuit with D to the effect that the procedures for the registration of ownership transfer with respect to N 1/6 shares, 1/2 shares and 1/2 shares in M, and 1/2 shares in M were fulfilled; (b) however, the said court dismissed all the claims of D on the ground that the conclusion of the said agreement was not recognized; and (c) D is so.

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